Saturday, July 12, 2008

Rule of Law in Pakistan

Rule of law in Pakistan:Major(R)Khaid Nasr All men have equal rights to liberty, to their property, and to the protection of the laws [VOLTAIRE, 1694-1778] . The book we call Constitution of Pakistan and which is supposed to protect every citizen of this country is just a book without any real worth for the common people. No doubt, the Constitution provides for a definite relationship between executive, legislature and judiciary. It provides for the smooth running and changing/replacing of a government. It provides for the formation and working of a number of institutions. Basically , a constitution provides for the security of the fundamental rights to the citizens. Obviously, Pakistan was created for the protection of individual people residing in a tract of land. The constitution, state or government and all such things are just instruments to achieve that end, ie, to protect the individual by securing him his basic freedoms or fundamental rights. Regardless of the fact/debate why Pakistan was established, or what this or that leader said, a country is established for all the individual people that live there. It is not created for a particular group or community. A country is not made for the state or government, or for the fulfilment of the wishes of a community. It is or all the individual people who happen to inhabit that country.
The establishment of rule of law, one of the purposes of a constitution, does not provide for the relationship between executive, legislature and judiciary only. These are all instruments to secure and ensure the fundamental rights to the individual citizens of the country who are an end in themselves. In case, all of these fail in giving security and protection to the individual citizen; that ultimately amounts to the defiance of the Constitution. The sixty year history of Pakistan is a witness to this betrayal. The greatest failure of state of Pakistan is that throughout the sixty years it could not create such an order in the country for the individual persons to live in freedom and happiness.
It is claimed that the custodian of the Constitution, the judiciary, is independent and will uphold the constitution, we have yet to see whether the judiciary, moves towards making the executive establish the rule of law that means security and protection to every individual citizen living in Pakistan also. The people of Pakistan are as insecure in the face of government and its innumerable institutions, departments, bodies, agencies, forces and, higher and lower officials, as they are under threat from their own fellow citizens who are always bent upon encroaching upon their freedoms and right.Sixty year history of Pakistan during which it lacked rule of law has made people learn but disregard for the laws of the land. They are devoid of the lesson the between every two persons there stands law. Whatever grievance a person has against the other person, he is not supposed to take the law into his hands. In Pakistan due to absence of rule of law, most of the people are just accustomed to staring at others, harming or abusing others when ever trapped in a law & order situation. What a travesty of the rule of law that matters such as judicial crises,NRO , etc, are considered as the major domains of the rule of law. But, the daily grievances of common people are ignored and even not taken as minor domains of the rule of law.

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